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sb419_02_PS
As Passed by the Senate
136th
General Assembly
Regular
Session
S. B. No. 419
2025-2026
Senator Gavarone
Cosponsors: Senators Cirino, Craig,
Cutrona, DeMora, Johnson, Landis, Lang, Liston, Manning, McColley,
Patton, Reineke, Wilson
To
amend sections 4507.05 and 4507.071 of the Revised Code
to
lower the age at which a juvenile may obtain a temporary instruction
permit from 15½ to 15 and to expand the time a juvenile must hold a
temporary instruction permit before eligibility for a probationary
license from six months to one year.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4507.05 and 4507.071 of the Revised Code be amended to read
as follows:
Sec.
4507.05.
(A)
The registrar of motor vehicles, or a deputy registrar, upon
receiving an application for a temporary instruction permit and a
temporary instruction permit identification card for a driver's
license from any person who is at least fifteen years
six
months
of
age, may issue such a permit and identification card entitling the
applicant to drive a motor vehicle, other than a commercial motor
vehicle, upon the highways under the following conditions:
(1)
If the permit is issued to a person who is at least fifteen years
six
months
of
age, but less than sixteen years of age:
(a)
The permit and identification card are in the holder's immediate
possession;
(b)
The holder is accompanied by an eligible adult who actually occupies
the seat beside the permit holder and does not have a prohibited
concentration of alcohol in the whole blood, blood serum or plasma,
breath, or urine as provided in division (A) of section 4511.19 of
the Revised Code;
(c)
The total number of occupants of the vehicle does not exceed the
total number of occupant restraining devices originally installed in
the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device.
(2)
If the permit is issued to a person who is at least sixteen years of
age:
(a)
The permit and identification card are in the holder's immediate
possession;
(b)
The holder is accompanied by a licensed operator who is at least
twenty-one years of age, is actually occupying a seat beside the
driver, and does not have a prohibited concentration of alcohol in
the whole blood, blood serum or plasma, breath, or urine as provided
in division (A) of section 4511.19 of the Revised Code;
(c)
The total number of occupants of the vehicle does not exceed the
total number of occupant restraining devices originally installed in
the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device.
(B)
The registrar or a deputy registrar, upon receiving from any person
an application for a temporary instruction permit and temporary
instruction permit identification card to operate a motorcycle,
motor-driven cycle or motor scooter, or motorized bicycle, may issue
such a permit and identification card entitling the applicant, while
having the permit and identification card in the applicant's
immediate possession, to drive a motorcycle or motor-driven cycle or
motor scooter, under the restrictions prescribed in section 4511.53
of the Revised Code, or to drive a motorized bicycle under
restrictions determined by the registrar. A temporary instruction
permit and temporary instruction permit identification card to
operate a motorized bicycle may be issued to a person fourteen or
fifteen years old.
(C)
Any permit and identification card issued under this section shall be
issued in the same manner as a driver's license, upon a form to be
furnished by the registrar. A temporary instruction permit to drive a
motor vehicle other than a commercial motor vehicle shall be valid
for a period of one year
and six months
.
(D)
Any person having in the person's possession a valid and current
driver's license or motorcycle operator's license or endorsement
issued to the person by another jurisdiction recognized by this state
is exempt from obtaining a temporary instruction permit for a
driver's license and from submitting to the examination for a
temporary instruction permit and the regular examination for
obtaining a driver's license or motorcycle operator's endorsement in
this state if the person does all of the following:
(1)
Submits to and passes vision screening as provided in section 4507.12
of the Revised Code;
(2)
Surrenders to the registrar or deputy registrar the person's driver's
license issued by the other jurisdiction; and
(3)
Complies with all other applicable requirements for issuance by this
state of a driver's license, driver's license with a motorcycle
operator's endorsement, or restricted license to operate a
motorcycle.
If
the person does not comply with all the requirements of this
division, the person shall submit to the regular examination for
obtaining a driver's license or motorcycle operator's endorsement in
this state in order to obtain such a license or endorsement.
(E)
The registrar may adopt rules governing the use of temporary
instruction permits and temporary instruction permit identification
cards.
(F)(1)
No holder of a permit issued under division (A) of this section shall
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking in violation of the conditions established under division (A)
of this section.
(2)
Except as
otherwise
provided
in division (F)(2) of this section, no holder of a permit that is
issued under division (A) of this section
and
that is issued on or after July 1, 1998, and who has not attained the
age of
under
eighteen
years
,
of
age
shall
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking between the hours of midnight and six a.m.
The
holder of a permit issued under division (A) of this section
on
or after July 1, 1998, who has not attained the age of
under
eighteen
years
,
of
age
may
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking between the hours of midnight and six a.m. if, at the time of
such operation, the holder is accompanied by the holder's parent,
guardian, or custodian, and the parent, guardian, or custodian holds
a current valid driver's or commercial driver's license issued by
this state, is actually occupying a seat beside the permit holder,
and does not have a prohibited concentration of alcohol in the whole
blood, blood serum or plasma, breath, or urine as provided in
division (A) of section 4511.19 of the Revised Code.
(G)(1)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether each occupant of the motor
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device as required by division (A) of
this section, or for the sole purpose of issuing a ticket, citation,
or summons if the requirement in that division has been or is being
violated, or for causing the arrest of or commencing a prosecution of
a person for a violation of that requirement.
(2)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether a violation of division (F)(2) of
this section has been or is being committed or for the sole purpose
of issuing a ticket, citation, or summons for such a violation or for
causing the arrest of or commencing a prosecution of a person for
such violation.
(H)
As used in this section:
(1)
"Eligible adult" means any of the following:
(a)
An instructor of a driver training course approved by the department
of public safety;
(b)
Any of the following persons who holds a current valid driver's or
commercial driver's license issued by this state:
(i)
A parent, guardian, or custodian of the permit holder;
(ii)
A person twenty-one years of age or older who acts in loco parentis
of the permit holder.
(2)
"Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I)
Whoever violates division (F)(1) or (2) of this section is guilty of
a minor misdemeanor.
Sec.
4507.071.
(A)
The registrar of motor vehicles or any deputy registrar shall not
issue a driver's license to any person under eighteen years of age,
except that the registrar or a deputy registrar may issue a
probationary license to a person who is at least sixteen years of age
and has held a temporary instruction permit for a period of at least
six
months
one
year
.
(B)(1)(a)
No holder of a probationary driver's license who has held the license
for less than twelve months shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking between the hours of midnight
and six a.m. unless the holder is accompanied by the holder's parent
or guardian.
(b)
No holder of a probationary driver's license who has held the license
for twelve months or longer shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking between the hours of one a.m.
and five a.m. unless the holder is accompanied by the holder's parent
or guardian.
(2)(a)
Subject to division (D)(1) of this section, division (B)(1)(a) of
this section does not apply to the holder of a probationary driver's
license who is doing
either
any
of the following:
(i)
Traveling to or from work between the hours of midnight and six a.m.,
provided that the holder has in the holder's immediate possession
written documentation from the holder's employer
.
;
(ii)
Traveling to or from an official function sponsored by the school the
holder attends between the hours of midnight and six a.m., provided
that the holder has in the holder's immediate possession written
documentation from an appropriate official of the school;
(iii)
Traveling to or from an official religious event between the hours of
midnight and six a.m., provided that the holder has in the holder's
immediate possession written documentation from an appropriate
official affiliated with the event.
(b)
Division (B)(1)(b) of this section does not apply to the holder of a
probationary driver's license who is doing
either
any
of the following:
(i)
Traveling to or from work between the hours of one a.m. and five
a.m., provided that the holder has in the holder's immediate
possession written documentation from the holder's employer
.
;
(ii)
Traveling to or from an official function sponsored by the school the
holder attends between the hours of one a.m. and five a.m., provided
that the holder has in the holder's immediate possession written
documentation from an appropriate official of the school;
(iii)
Traveling to or from an official religious event between the hours of
one a.m. and five a.m., provided that the holder has in the holder's
immediate possession written documentation from an appropriate
official affiliated with the event.
(3)
An employer, school official, or official affiliated with a religious
event is not liable in damages in a civil action for any injury,
death, or loss to person or property that allegedly arises from, or
is related to, the fact that the employer, school official, or
official affiliated with a religious event provided the holder of a
probationary driver's license with the written documentation
described in division (B)(2) of this section.
The
registrar of motor vehicles shall make available at no cost a form to
serve as the written documentation described in division (B)(2) of
this section, and employers, school officials, officials affiliated
with religious events, and holders of probationary driver's licenses
may utilize that form or may choose to utilize any other written
documentation to meet the requirements of that division.
(4)
No holder of a probationary driver's license who has held the license
for less than twelve months shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking with more than one person who
is not a family member occupying the vehicle unless the probationary
license holder is accompanied by the probationary license holder's
parent, guardian, or custodian.
(C)
It is an affirmative defense to a violation of division (B)(1)(a) or
(b) of this section if, at the time of the violation, an emergency
existed that required the holder of the probationary driver's license
to operate a motor vehicle in violation of division (B)(1)(a) or (b)
of this section or the holder was an emancipated minor.
(D)(1)
If a person is issued a probationary driver's license prior to
attaining the age of seventeen years and the person pleads guilty to,
is convicted of, or is adjudicated in juvenile court of having
committed a moving violation during the six-month period commencing
on the date on which the person is issued the probationary driver's
license, the court with jurisdiction over the violation may order
that the holder must be accompanied by the holder's parent or
guardian whenever the holder is operating a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking for a period not to exceed
six months or the date the holder attains the age of seventeen years,
whichever occurs first.
(2)
Any person who is subject to the operating restrictions established
under division (D)(1) of this section as a result of a first moving
violation may petition the court for driving privileges without being
accompanied by the holder's parent or guardian during the period of
time determined by the court under that division. In granting the
driving privileges, the court shall specify the purposes of the
privileges and shall issue the person appropriate forms setting forth
the privileges granted. If a person is convicted of, pleads guilty
to, or is adjudicated in juvenile court of having committed a second
or subsequent moving violation, the court with jurisdiction over the
violation may terminate any driving privileges previously granted
under this division.
(3)
No person shall violate any operating restriction imposed under
division (D)(1) or (2) of this section.
(E)
No holder of a probationary license shall operate a motor vehicle
upon a highway or any public or private property used by the public
for purposes of vehicular travel or parking unless the total number
of occupants of the vehicle does not exceed the total number of
occupant restraining devices originally installed in the motor
vehicle by its manufacturer, and each occupant of the vehicle is
wearing all of the available elements of a properly adjusted occupant
restraining device.
(F)
A restricted license may be issued to a person who is fourteen or
fifteen years of age upon proof of hardship satisfactory to the
registrar of motor vehicles.
(G)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether each occupant of the motor
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device as required by division (E) of
this section, or for the sole purpose of issuing a ticket, citation,
or summons if the requirement in that division has been or is being
violated, or for causing the arrest of or commencing a prosecution of
a person for a violation of that requirement.
(H)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether a violation of division (B)(1)(a)
or (b) of this section has been or is being committed or for the sole
purpose of issuing a ticket, citation, or summons for such a
violation or for causing the arrest of or commencing a prosecution of
a person for such violation.
(I)
As used in this section:
(1)
"Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(2)
"Family member" of a probationary license holder includes
any of the following:
(a)
A spouse;
(b)
A child or stepchild;
(c)
A parent, stepparent, grandparent, or parent-in-law;
(d)
An aunt or uncle;
(e)
A sibling, whether of the whole or half blood or by adoption, a
brother-in-law, or a sister-in-law;
(f)
A son or daughter of the probationary license holder's stepparent if
the stepparent has not adopted the probationary license holder;
(g)
An eligible adult, as defined in section 4507.05 of the Revised Code.
(3)
"Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless trolleys on the highways or streets. "Moving
violation" does not include a violation of section 4513.263 of
the Revised Code or a substantially equivalent municipal ordinance,
or a violation of any statute or ordinance regulating pedestrians or
the parking of vehicles, vehicle size or load limitations, vehicle
fitness requirements, or vehicle registration.
(J)
Whoever violates division (B)(1) or (4), (D)(3), or (E) of this
section is guilty of a minor misdemeanor.
Section
2.
That
existing sections 4507.05 and 4507.071 of the Revised Code are hereby
repealed.